Can a Mississippi hotel evict me without notice if I have lived there over 30 days?

If your stay is over 30 days and the property is your main residence, Mississippi law may treat you as a tenant, which means you are entitled to written eviction notice and a court proceeding before removal.

What can I do if I'm locked out of my hotel or motel room in Mississippi?

If you believe you have tenant rights, quickly contact your local Justice Court and consider filing a Justice Court Civil Complaint Form to contest the lockout.

How do I know if I am a tenant or a guest in a Mississippi hotel or motel?

You are likely a tenant if the hotel or motel is your main address, you pay rent regularly, receive mail there, and have stayed more than 30 days.

Which court deals with hotel or motel eviction cases in Mississippi?

The Mississippi Justice Court in your county handles eviction disputes for extended-stay hotel and motel residents.

Mississippi Rules for Long-Term Hotel and Motel Tenancy

Special Housing Types & Situations Mississippi published June 21, 2025

If you’re staying in a hotel or motel in Mississippi for an extended time, it can be confusing to know whether you have the rights of a tenant—or if you’re simply considered a guest. This guide explores when you become a tenant under Mississippi law, what protections you have, and what to do if issues arise. Our focus is on helping Mississippi residents understand how state law treats "long-term hotel and motel tenancy rules," especially if you are facing problems with eviction, privacy, or habitability.

When Does a Hotel or Motel Stay Become a Tenancy in Mississippi?

Under Mississippi law, whether you are considered a "tenant" depends on how long you’ve stayed and the arrangement you have with the property owner. Generally, guests staying in a hotel or motel for a short period (like a vacation or business trip) are not tenants. However, if you:

Stay for 30 days or more
Use the property as your primary residence
Have mail sent to the location
Pay rent or fees on a weekly or monthly basis directly to management

...you may be seen as a tenant, not a guest, with certain legal protections. The Mississippi Residential Landlord and Tenant Act specifically covers rental dwellings, but does not automatically apply to hotels and motels unless your stay and circumstances resemble a typical rental tenancy^[1].

Key Rights and Protections for Long-Term Hotel/Motel Residents

Eviction Notification: If you qualify as a tenant, you cannot be removed without proper notice. Tenants are generally entitled to a written notice—usually three days for nonpayment of rent, or 30 days for other reasons. The property owner must then initiate eviction proceedings in a justice court, not simply lock you out.
Right to Habitability: Your living space must be safe and sanitary. If there are major problems (like no heat or water), you have the right to request repairs.
Privacy and Entry: If you're recognized as a tenant, management must provide reasonable notice before entering your room, except in emergencies.

Be aware: If you are staying less than 30 days, or do not meet the other requirements of "tenant," you may have fewer rights and could be asked to leave with minimal notice.

When Are You a Guest Versus a Tenant?

The distinction matters. Guests can be removed for almost any reason and don’t have eviction protections. Tenants have rights under the Mississippi Residential Landlord and Tenant Act, including the right to written notice and a court process before eviction. If you’re unsure, check whether your stay has become your main home and how long you’ve been there.

Tip: If management tries to remove you without notice or locks you out, contact your local Justice Court and consider seeking legal help. Even hotel and motel residents may gain tenant rights after an extended stay.

How to Respond If You Face Removal or Eviction

If you believe you are a tenant under Mississippi law and receive a demand to leave without proper notice, take these steps:

Ask management what kind of notice they are giving, and for it in writing.
Document your length of stay, payment receipts, and use of the address as your residence.
Contact your county Justice Court to confirm your rights and the eviction process.
If you are unlawfully locked out, you may file a complaint in Justice Court.

Relevant Official Forms

Justice Court Civil Complaint Form: Used by tenants (including long-term hotel/motel residents) to challenge illegal lockouts or evictions. For example, if you are locked out without notice after a long stay, you can submit this form to request a hearing in your local Justice Court.
Official resource: Justice Court Civil Forms

What Tribunal Handles Hotel/Motel Tenancy Disputes?

The Mississippi Justice Court handles residential eviction and tenancy cases, including disputes involving long-term residents of hotels or motels.

Summary: What Mississippi Law Says

The Mississippi Residential Landlord and Tenant Act (Mississippi Code § 89-8-1 to § 89-8-29) provides the main legal framework for renters in apartments, houses, and sometimes extended-stay hotel and motel residents. Your rights depend on whether you qualify as a "tenant" under state law. Most importantly:

Tenants must be given proper written notice and a court hearing before removal.
If you are a guest, those rights may not apply.

If you have questions about your status, your local Justice Court can guide you, and there are legal resources available for renters statewide.

Frequently Asked Questions

Can a hotel or motel in Mississippi evict me without notice if I’ve lived there for over a month?
If your stay is over 30 days and the unit is your main residence, you may be protected as a tenant and entitled to written notice and a court process before eviction.
What should I do if I am locked out of my hotel or motel room?
Immediately document your stay and contact your county Justice Court to file a complaint. You may also use the Justice Court Civil Complaint Form.
How do I know if I am a tenant or just a guest?
If you live there as your main home, pay monthly or weekly, and receive mail at the address for over 30 days, you may be a tenant under the law.
What legal protections do hotel or motel tenants have in Mississippi?
Tenants have the right to written eviction notice, habitability, and privacy under the Mississippi Residential Landlord and Tenant Act.
Which court handles hotel/motel eviction disputes?
The Mississippi Justice Court in your county handles all residential eviction matters, including those involving long-term hotel or motel stays.

Key Takeaways for Mississippi Hotel/Motel Renters

If you've stayed over 30 days and use the property as your home, you likely have additional tenant rights in Mississippi.
Evictions of tenants require written notice and a Justice Court process—not just a lockout.
Justice Court and official forms can help you challenge an illegal eviction or removal.

Need Help? Resources for Renters

Mississippi Justice Courts – Find Your County Court: For tenant complaints and eviction hearings
Mississippi Secretary of State – Landlord Tenant Act Information: Read up on rental laws and legal notices
Mississippi Legal Services: Free legal assistance for low-income renters
HUD Mississippi – Local Tenant Rights Resources